Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ukraine (Ratification: 2000)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that under section 185-1 of the Code on Administrative Offences, a second breach (within a year) of the rules governing the organization and conduct of public meetings, street marches and demonstrations may be punishable with correctional labour for a term of up to two months. The Committee also noted the Government’s indication that two Bills on the Freedom of Peaceful Assembly were tabled for consideration by the Parliament. The Bills proposed, inter alia, to define the legal framework concerning the organization and conduct of peaceful assemblies; and to amend or repeal section 185-1 of the Code on Administrative Offences with a view, as indicated in the preamble, to prevent politically motivated prohibitions of assemblies by the judiciary and arrests of protestors.

The Committee notes that the Government does not provide information on the progress made with regard to the amendment or repeal of section 185-1 of the Code on Administrative Offences. The Government indicates that section 185-1 provides penalties in the form of correctional labour in particular for violations of the procedures concerning organizing and holding gatherings, meetings, street marches and demonstrations, but not for the organization itself or for the participating in such gatherings. The requirements concerning organizing and holding peaceful gatherings are not yet established by law. The Committee notes that, according to the statistics provided by the Government, 43 cases were considered under section 185-1 of the Code, resulting in four administrative offence notices (including two warnings, a fine and a conviction to public labour). Furthermore, the Committee observes that the Government has not provided information on the facts based on which these administrative offences were imposed.

The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The range of activities, which must be protected under this provision from punishment involving compulsory labour, comprises the freedom to express political or ideological views as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see paragraph 302 of the 2012 General Survey on the fundamental Conventions). The Committee reiterates the hope that in the framework of the adoption of the legislation on the freedom of assembly, the Government will take into account the comments of the Committee with a view to amending or repealing section 185-1 of the Code on Administrative Offences, so as to ensure that no sanctions involving compulsory labour may be imposed as a punishment on persons exercising their right to assemble peacefully. Pending the adoption of the relevant legislation, the Committee requests the Government to continue to provide information on the application in practice of section 185-1 of the Code on Administrative Offences, particularly concerning any persons who have been sanctioned to correctional work, indicating the facts that led to the legal proceedings and to the imposition of sanctions.

The Committee is raising other matters in a request addressed directly to the Government.